II 

112TH CONGRESS 

1ST SESSION S. 861 

To restore the natural resources, ecosystems, fisheries, marine habitats, and 

coastal wetland of Gulf Coast States, to create jobs and revive the 

economic health of communities adversely affected by the explosion on, 

and sinking of, the mobile offshore drilling unit Deepwater Horizon, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2011 

Ms. LANDRIEU (for herself and Mr. VITTER) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To restore the natural resources, ecosystems, fisheries, marine habitats, and coastal wetland of Gulf Coast States, 

to create jobs and revive the economic health of communities adversely affected by the explosion on, and sinking 

of, the mobile offshore drilling unit Deepwater Horizon, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Resources and Eco3 systems Sustainability, Tourist Opportunities, and Re4 vived Economies of the Gulf Coast States Act of 2011’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds that— 

7 (1) as a result of decades of oil and gas devel8 opment in the Gulf of Mexico, producing and non9 producing States in the Gulf Coast region have 

10 borne substantial risks of environmental damage and 

11 economic harm, all of which culminated with the ex12 plosion on, and sinking of, the mobile offshore drill13 ing unit Deepwater Horizon; 

14 (2) the discharge of oil in the Gulf of Mexico 

15 that began following the explosion on, and sinking 

16 of, the mobile offshore drilling unit Deepwater Hori17 zon has caused substantial environmental destruc18 tion and economic harm to the people and commu19 nities of the Gulf Coast region; 

20 (3)(A) in the report entitled ‘‘America’s Gulf 

21 Coast—A Long Term Recovery Plan after the Deep22 water Horizon Oil Spill’’, the Secretary of the Navy 

23 stated, ‘‘Together, the Gulf’s tourism and commer24 cial and recreational fishing industries contribute 

25 tens of billions of dollars to the U.S. economy. More 

26 than 90 percent of the nation’s offshore crude oil 


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1 and natural gas is produced in the Gulf, and the 

2 Federal treasury receives roughly $4.5 billion dollars 

3 every year from offshore leases and royalties. And it 

4 is in the Gulf of Mexico that nearly one third of sea5 food production in the continental U.S. is harvested. 

6 America needs a healthy and resilient Gulf Coast, 

7 one that can support the diverse economies, commu8 nities, and cultures of the region.’’; 

9 (B) to address the needs of the Gulf Coast re10 gion, the Secretary of the Navy stated, ‘‘It is rec11 ommended that the President urge Congress to pass 

12 legislation that would dedicate a significant amount 

13 of any civil penalties recovered under the Clean 

14 Water Act from parties responsible for the Deep15 water Horizon oil spill to those directly impacted by 

16 that spill.’’; and 

17 (C) to mitigate local challenges and help restore 

18 the resiliency of communities adversely affected by 

19 the spill, the Secretary of the Navy stated that the 

20 legislation described in subparagraph (B) should 

21 ‘‘[b]uild economic development strategies around 

22 community needs, and take particular efforts to ad23 dress the needs of disadvantaged, underserved, and 

24 resource constrained communities’’; 


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1 (4) in a final report to the President, the Na2 tional Commission on the BP Deepwater Horizon 

3 Oil Spill and Offshore Drilling— 

4 (A) stated, ‘‘Estimates of the cost of Gulf 

5 restoration, including but not limited to the 

6 Mississippi Delta, vary widely, but according to 

7 testimony before the Commission, full restora8 tion of the Gulf will require $15 billion to $20 

9 billion: a minimum of $500 million annually for 

10 30 years.’’; and 

11 (B) like the Secretary of the Navy, rec12 ommended that, to meet the needs described in 

13 subparagraph (A), a substantial portion of ap14 plicable penalties under the Federal Water Pol15 lution Control Act (33 U.S.C. 1251 et seq.) be 

16 dedicated to long-term restoration of the Gulf 

17 of Mexico; 

18 (5) taking into account the risks borne by Gulf 

19 Coast States for decades of oil and gas development 

20 and the environmental degradation suffered by the 

21 Gulf Coast ecosystem, the amounts received by the 

22 United States as payment of administrative, civil, or 

23 criminal penalties in connection with the explosion 

24 on, and sinking of, the mobile offshore drilling unit 

25 Deepwater Horizon should be expended— 


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1 (A) to restore the natural resources, eco2 systems, fisheries, marine habitats, coastal wet3 land, and economy of the Gulf Coast; and 

4 (B) to address the associated economic 

5 harm suffered by the people and communities 

6 of the region, including especially socially vul7 nerable populations; 

8 (6) the expenditures of funds pursuant to this 

9 Act and the amendments made by this Act should 

10 be based on the best available physical, ecological, 

11 and social science; 

12 (7) the projects and programs authorized by 

13 this Act and the amendments made by this Act 

14 should be carried out pursuant to contracts awarded 

15 in a manner that provides a preference to individuals 

16 and entities that reside in, are headquartered in, or 

17 are principally engaged in business in a Gulf Coast 

18 State; and 

19 (8) Federal, State, and local officials should 

20 seek— 

21 (A) to leverage the financial resources 

22 made available under this Act; and 

23 (B) to the maximum extent practicable, to 

24 ensure that projects funded pursuant to this 

25 Act complement efforts planned or in operation 


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1 to revitalize the natural resources and economic 

2 health of the Gulf Coast region, including by 

3 augmenting funding for projects underwritten 

4 by the private sector and philanthropic organi5 zations. 

6 SEC. 3. GULF COAST RESTORATION TRUST FUND. 

7 (a) ESTABLISHMENT.—There is established in the 

8 Treasury of the United States a trust fund to be known 

9 as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 

10 in this section as the ‘‘Trust Fund’’), consisting of such 

11 amounts as are deposited in the Trust Fund under this 

12 Act or any other provision of law. 

13 (b) TRANSFERS.—The Secretary of the Treasury 

14 shall deposit in the Trust Fund an amount equal to 80 

15 percent of all administrative, civil, and criminal penalties 

16 paid by responsible parties after the date of enactment of 

17 this Act in connection with the explosion on, and sinking 

18 of, the mobile offshore drilling unit Deepwater Horizon 

19 pursuant to a court order, negotiated settlement, or other 

20 instrument in accordance with section 311 of the Federal 

21 Water Pollution Control Act (33 U.S.C. 1321). 

22 (c) EXPENDITURES.—Amounts in the Trust Fund, 

23 including interest earned on advances to the Trust Fund 

24 and proceeds from investment under subsection (d), 

25 shall— 


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1 (1) be available for expenditure, without further 

2 appropriation, solely for programs and projects to 

3 restore, protect, and make sustainable use of the 

4 natural resources, ecosystems, fisheries, marine 

5 habitats, coastal wetland, and economy of the Gulf 

6 Coast States (as defined in section 311 of the Fed7 eral Water Pollution Control Act (33 U.S.C. 1321)), 

8 in accordance with this Act and the amendments 

9 made by this Act; and 

10 (2) remain available until expended, without fis11 cal year limitation. 

12 (d) INVESTMENT.—Amounts in the Trust Fund shall 

13 be invested in accordance with section 9702 of title 31, 

14 United States Code, and any interest on, and proceeds 

15 from, any such investment shall be credited to, and be16 come a part of, the Trust Fund. 

17 (e) ADMINISTRATION.—Not later than 180 days after 

18 the date of enactment of this Act, after providing notice 

19 and an opportunity for public comment, the Secretary of 

20 the Treasury shall establish such procedures as the Sec21 retary determines to be necessary to deposit amounts in, 

22 and expend amounts from, the Trust Fund pursuant to 

23 this Act, including— 

24 (1) procedures to assess whether the programs 

25 and activities carried out under this Act and the 


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1 amendments made by this Act achieve compliance 

2 with applicable requirements, including procedures 

3 by which the Secretary of the Interior may deter4 mine whether an expenditure by a Gulf Coast State 

5 (as that term is defined in section 311 of the Fed6 eral Water Pollution Control Act (33 U.S.C. 1321)) 

7 pursuant to such a program or activity achieves 

8 compliance; 

9 (2) auditing requirements to ensure that 

10 amounts in the Trust Fund are expended as in11 tended; and 

12 (3) procedures for identification and allocation 

13 of funds available to the Secretary under other pro14 visions of law that may be necessary to pay the ad15 ministrative expenses directly attributable to the 

16 management of the Trust Fund. 

17 SEC. 4. GULF COAST NATURAL RESOURCES RESTORATION 

18 AND ECONOMIC RECOVERY. 

19 Section 311 of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1321) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (25)(B), by striking 

23 ‘‘and’’ at the end; 


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1 (B) in paragraph (26)(D), by striking the 

2 period at the end and inserting a semicolon; 

3 and 

4 (C) by adding at the end the following: 

5 ‘‘(27) the term ‘Chairperson’ means the Chair6 person of the Council; 

7 ‘‘(28) the term ‘Comprehensive Plan’ means the 

8 comprehensive plan developed by the Council pursu9 ant to subsection (t); 

10 ‘‘(29) the term ‘Council’ means the Gulf Coast 

11 Ecosystem Restoration Council established pursuant 

12 to subsection (t); 

13 ‘‘(30) the term ‘Deepwater Horizon oil spill’ 

14 means the blowout and explosion of the mobile off15 shore drilling unit Deepwater Horizon that occurred 

16 on April 20, 2010, and resulting hydrocarbon re17 leases into the environment; 

18 ‘‘(31) the term ‘Gulf Coast ecosystem’ means— 

19 ‘‘(A) the coastal zones, as that term is de20 fined in section 304 of the Coastal Zone Man21 agement Act of 1972 (16 U.S.C. 1453) of the 

22 Gulf Coast States; and 

23 ‘‘(B) includes any adjacent land, water, 

24 watersheds, and areas of the outer Continental 

25 Shelf of the Gulf Coast States that— 


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1 ‘‘(i) are within 50 miles of the coastal 

2 zones of the Gulf Coast States and have 

3 been adversely affected by the Deepwater 

4 Horizon oil spill; and 

5 ‘‘(ii) have been potentially affected by 

6 continued impacts relating to the Deep7 water Horizon oil spill; 

8 ‘‘(32) the term ‘Gulf Coast State’ means any of 

9 the States of Alabama, Florida, Louisiana, Mis10 sissippi, and Texas; and 

11 ‘‘(33) the term ‘Trust Fund’ means the Gulf 

12 Coast Restoration Trust Fund established pursuant 

13 to section 3 of the Resources and Ecosystems Sus14 tainability, Tourist Opportunities, and Revived 

15 Economies of the Gulf Coast States Act of 2011.’’; 

16 (2) in subsection (s), by inserting ‘‘except as 

17 provided in subsection (t)’’ before the period at the 

18 end; and 

19 (3) by adding at the end the following: 

20 ‘‘(t) GULF COAST RESTORATION AND RECOVERY.— 

21 ‘‘(1) STATE ALLOCATION AND EXPENDI22 TURES.— 

23 ‘‘(A) IN GENERAL.—Of the total amounts 

24 made available in any fiscal year from the 

25 Trust Fund, 35 percent shall be disbursed to 


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1 the Gulf Coast States in equal shares for ex2 penditure in accordance with this subsection. 

3 ‘‘(B) USE OF FUNDS.— 

4 ‘‘(i) IN GENERAL.—Amounts provided 

5 to the Gulf Coast States under this sub6 section shall be used to carry out projects 

7 and programs to restore, protect, and 

8 make sustainable use of the natural re9 sources, ecosystems, fisheries, marine habi10 tats, coastal wetland, and economy of the 

11 Gulf Coast. 

12 ‘‘(ii) ACTIVITIES.—Amounts provided 

13 to the Gulf States under this subsection 

14 may be used to carry out 1 or more of the 

15 following activities: 

16 ‘‘(I) Coastal protection projects 

17 and activities, including conservation, 

18 coastal restoration, hurricane protec19 tion, and infrastructure directly af20 fected by coastal wetland losses, beach 

21 erosion, and the impacts of the Deep22 water Horizon oil spill. 

23 ‘‘(II) Mitigation of damage to, 

24 and restoration of, fish, wildlife, or 

25 natural resources. 


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1 ‘‘(III) Implementation of a feder2 ally approved marine, coastal, or com3 prehensive conservation management 

4 plan, including fisheries monitoring. 

5 ‘‘(IV) Programs to promote tour6 ism in a Gulf Coast State. 

7 ‘‘(V) Programs to promote the 

8 consumption of seafood produced from 

9 the Gulf Coast ecosystem or adjacent 

10 Federal waters. 

11 ‘‘(VI) Planning assistance and 

12 the administrative costs of complying 

13 with this subsection. 

14 ‘‘(C) CONDITIONS.—As a condition of re15 ceiving amounts from the Trust Fund, the Gov16 ernor of a Gulf Coast State, in consultation 

17 with the appropriate State entity, including the 

18 entities described in subparagraph (D), shall— 

19 ‘‘(i) agree to meet such conditions, in20 cluding audit requirements, as the Sec21 retary of the Treasury determines nec22 essary to ensure that amounts disbursed 

23 from the Trust Fund will be used in ac24 cordance with this subsection; 


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1 ‘‘(ii) certify in such form and in such 

2 manner as the Secretary of the Treasury 

3 determines necessary that the project or 

4 program for which the Governor is request5 ing amounts— 

6 ‘‘(I) is designed to restore, pro7 tect, and make sustainable use of the 

8 natural resources, ecosystems, fish9 eries, marine habitats, coastal wet10 land, and economy of the Gulf Coast; 

11 ‘‘(II) carries out 1 or more of the 

12 activities described in subparagraph 

13 (B); 

14 ‘‘(III) was selected based on 

15 meaningful input from the public, in16 cluding broad-based participation 

17 from individuals, businesses, and non18 profit organizations; and 

19 ‘‘(IV) in the case of a natural re20 source, is based on the best available 

21 science; and 

22 ‘‘(iii) certify that the project or pro23 gram and the awarding of a contract for 

24 the expenditure of amounts received under 

25 this subsection are consistent with the 


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1 standard procurement rules and regula2 tions governing a comparable project or 

3 program in that State, including all appli4 cable competitive bidding and audit re5 quirements. 

6 ‘‘(D) APPROVAL BY STATE ENTITY, TASK

7 FORCE, OR AGENCY.—The following Gulf Coast 

8 State entities, task forces, or agencies shall be 

9 consulted by the applicable Gulf Coast State 

10 Governor in carrying out subparagraph (C): 

11 ‘‘(i) In the State of Alabama, the Port 

12 Authority of Alabama. 

13 ‘‘(ii) In the State of Louisiana, the 

14 Coastal Protection and Restoration Au15 thority of Louisiana. 

16 ‘‘(E) COMPLIANCE WITH CONDITIONS.—If 

17 the Secretary of the Treasury determines that 

18 an expenditure by a Gulf Coast State of 

19 amounts made available under this subsection 

20 does not meet the conditions of this subsection, 

21 the Secretary shall make no additional amounts 

22 from the Trust Fund available to that Gulf 

23 Coast State until such time as an amount equal 

24 to the amount expended for the unauthorized 

25 use— 


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1 ‘‘(i) has been deposited by the Gulf 

2 Coast State in the Trust Fund; or 

3 ‘‘(ii) has been authorized by the Sec4 retary of the Treasury for expenditure by 

5 the Gulf Coast State for a project or pro6 gram that meets the requirements of this 

7 subsection. 

8 ‘‘(F) PUBLIC INPUT.—In meeting any con9 dition of this subsection, the Governor of a Gulf 

10 Coast State may use any procedure appropriate 

11 in that Gulf Coast State, including consulting 

12 with 1 or more established task forces or other 

13 entities, to develop recommendations for pro14 posed projects and programs that would re15 store, protect, and make sustainable use of the 

16 natural resources, ecosystems, fisheries, marine 

17 habitats, coastal wetland, and economy of the 

18 Gulf Coast. 

19 ‘‘(G) PREVIOUSLY APPROVED PROJECTS

20 AND PROGRAMS.—The Governor of a Gulf 

21 Coast State shall be considered to have met the 

22 conditions of subparagraph (C) for a specific 

23 project or program if, before the date of enact24 ment of the Resources and Ecosystems Sustain25 ability, Tourist Opportunities, and Revived 


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1 Economies of the Gulf Coast States Act of 

2 2011— 

3 ‘‘(i) the Gulf Coast State has estab4 lished conditions for carrying out projects 

5 and programs that are similar to the con6 ditions described in subparagraph (C); and 

7 ‘‘(ii) the applicable project or program 

8 carries out 1 or more of the activities de9 scribed in subparagraph (B)(ii). 

10 ‘‘(H) CONSULTATION WITH COUNCIL.—In 

11 carrying out this subsection, each Governor of 

12 a Gulf Coast State shall seek the input of the 

13 Chairperson of the Council to identify large14 scale projects that may be jointly supported by 

15 that Gulf Coast State and by the Council pur16 suant to the Comprehensive Plan with amounts 

17 provided under this subsection. 

18 ‘‘(I) NON-FEDERAL MATCHING FUNDS.—A 

19 Governor of a Gulf Coast State may use, in 

20 whole or in part, amounts made available to 

21 that Gulf Coast State from the Trust Fund to 

22 satisfy the non-Federal share of the cost of any 

23 project or program authorized by Federal law 

24 that meets the use requirements under subpara25 graph (B)(i). 


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1 ‘‘(J) LOCAL PREFERENCE.—In awarding 

2 contracts to carry out a project or program 

3 under this subsection, a Governor of a Gulf 

4 Coast State may give a preference to individ5 uals and companies that reside in, are 

6 headquartered in, or are principally engaged in 

7 business in, a Gulf Coast State. 

8 ‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA9 TION.— 

10 ‘‘(A) IN GENERAL.—Of the total amount 

11 made available in any fiscal year from the 

12 Trust Fund, 60 percent shall be disbursed to 

13 the Council to carry out the Comprehensive 

14 Plan. 

15 ‘‘(B) COUNCIL EXPENDITURES.— 

16 ‘‘(i) IN GENERAL.—In accordance 

17 with this paragraph, the Chairperson shall 

18 select, and the Council shall undertake, 

19 projects and programs that would restore 

20 and protect the natural resources, eco21 systems, fisheries, marine habitats, and 

22 coastal wetland of the Gulf Coast. 

23 ‘‘(ii) ALLOCATION AND EXPENDITURE

24 PROCEDURES.—The Secretary of the 

25 Treasury shall develop such conditions, inVerDate Mar 15 2010 00:35 Apr 19, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861

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1 cluding audit requirements, as the Sec2 retary of the Treasury determines nec3 essary to ensure that amounts disbursed 

4 from the Trust Fund to the Council to im5 plement the Comprehensive Plan will be 

6 used in accordance with this paragraph. 

7 ‘‘(C) GULF COAST ECOSYSTEM RESTORA8 TION COUNCIL.— 

9 ‘‘(i) ESTABLISHMENT.—There is es10 tablished as an independent entity in the 

11 Federal Government a council to be known 

12 as the ‘Gulf Coast Ecosystem Restoration 

13 Council’. 

14 ‘‘(ii) MEMBERSHIP.—The Council 

15 shall consist of the following members, or 

16 in the case of a Federal agency, a designee 

17 at the level of the Assistant Secretary or 

18 the equivalent: 

19 ‘‘(I) The Chair of the Council on 

20 Environmental Quality. 

21 ‘‘(II) The Secretary of the Inte22 rior. 

23 ‘‘(III) The Secretary of the 

24 Army. 


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1 ‘‘(IV) The Secretary of Com2 merce. 

3 ‘‘(V) The Secretary of Agri4 culture. 

5 ‘‘(VI) The Administrator of the 

6 Environmental Protection Agency. 

7 ‘‘(VII) The Secretary of Home8 land Security. 

9 ‘‘(VIII) The Secretary of Energy. 

10 ‘‘(IX) The Governor of the State 

11 of Alabama. 

12 ‘‘(X) The Governor of the State 

13 of Florida. 

14 ‘‘(XI) The Governor of the State 

15 of Louisiana. 

16 ‘‘(XII) The Governor of the State 

17 of Mississippi. 

18 ‘‘(XIII) The Governor of the 

19 State of Texas. 

20 ‘‘(iii) CHAIRPERSON.—From among 

21 the Federal agency members of the Coun22 cil, the Council shall select, and the Presi23 dent shall appoint, 1 member to serve as 

24 Chairperson of the Council. 


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1 ‘‘(iv) DUTIES OF COUNCIL.—The 

2 Council shall— 

3 ‘‘(I) consult with, and provide 

4 recommendations to, the Chairperson 

5 during development of a preliminary 

6 plan, the Comprehensive Plan, and fu7 ture revisions to the Comprehensive 

8 Plan; 

9 ‘‘(II) identify as soon as prac10 ticable the projects that— 

11 ‘‘(aa) have been authorized 

12 prior to the date of enactment of 

13 this subsection but not yet com14 menced; and 

15 ‘‘(bb) if implemented quick16 ly, would restore and protect the 

17 natural resources, ecosystems, 

18 fisheries, marine habitats, and 

19 coastal wetland of the Gulf Coast 

20 ecosystem; 

21 ‘‘(III) coordinate the development 

22 of consistent policies, strategies, 

23 plans, and activities by Federal agen24 cies, State and local governments, and 

25 private sector entities for addressing 


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1 the restoration and protection of the 

2 Gulf Coast ecosystem; 

3 ‘‘(IV) establish such other advi4 sory committee or committees as may 

5 be necessary to assist the Council, in6 cluding to address public policy and 

7 scientific issues; 

8 ‘‘(V) coordinate scientific and 

9 other research associated with restora10 tion of the Gulf Coast ecosystem; 

11 ‘‘(VI) seek to ensure that all poli12 cies, strategies, plans, and activities 

13 for addressing the restoration of the 

14 Gulf Coast ecosystem are based on 

15 the best available physical, ecological, 

16 and social science; 

17 ‘‘(VII) make recommendations to 

18 address the particular needs of espe19 cially socially vulnerable populations; 

20 ‘‘(VIII) develop standard terms 

21 to include in contracts for projects 

22 and programs awarded pursuant to 

23 the Comprehensive Plan that provide 

24 a preference to individuals and com25 panies that reside in, are 


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1 headquartered in, or are principally 

2 engaged in business in, a Gulf Coast 

3 State; 

4 ‘‘(IX) prepare an integrated fi5 nancial plan and recommendations for 

6 coordinated budget requests for the 

7 amounts proposed to be expended by 

8 the Federal agencies represented on 

9 the Council for projects and programs 

10 in the Gulf Coast States; and 

11 ‘‘(X) submit an annual report to 

12 Congress that— 

13 ‘‘(aa) summarizes the poli14 cies, strategies, plans, and activi15 ties for addressing the restora16 tion and protection of the Gulf 

17 Coast ecosystem; 

18 ‘‘(bb) describes the projects 

19 and programs being implemented 

20 to restore and protect the Gulf 

21 Coast ecosystem; and 

22 ‘‘(cc) makes such rec23 ommendations to Congress for 

24 modifications of existing laws as 

25 the Council determines necessary 


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1 to achieve the purposes of the 

2 Resources and Ecosystems Sus3 tainability, Tourist Opportuni4 ties, and Revived Economies of 

5 the Gulf Coast States Act of 

6 2011. 

7 ‘‘(v) APPLICATION OF FEDERAL ADVI8 SORY COMMITTEE ACT.—The Council, or 

9 any other advisory committee established 

10 under this subsection, shall not be consid11 ered an advisory committee under the Fed12 eral Advisory Committee Act (5 U.S.C. 

13 App.). 

14 ‘‘(D) COMPREHENSIVE PLAN.— 

15 ‘‘(i) PROPOSED PLAN.— 

16 ‘‘(I) IN GENERAL.—Not later 

17 than 180 days after the date of enact18 ment of the Resources and Eco19 systems Sustainability, Tourist Op20 portunities, and Revived Economies of 

21 the Gulf Coast States Act of 2011, 

22 the Chairperson, on behalf of the 

23 Council, shall publish a proposed plan 

24 to restore and protect the natural re25 sources, ecosystems, fisheries, marine 


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1 habitats, and coastal wetland of the 

2 Gulf Coast ecosystem. 

3 ‘‘(II) CONTENTS.—The proposed 

4 plan described in subclause (I) shall 

5 include and incorporate the findings 

6 and information prepared by the 

7 President’s Gulf Coast Restoration 

8 Task Force. 

9 ‘‘(ii) PUBLICATION.— 

10 ‘‘(I) INITIAL PLAN.—Not later 

11 than 1 year after date of enactment of 

12 the Resources and Ecosystems Sus13 tainability, Tourist Opportunities, and 

14 Revived Economies of the Gulf Coast 

15 States Act of 2011 and after notice 

16 and opportunity for public comment, 

17 the Chairperson, on behalf of the 

18 Council, shall publish in the Federal 

19 Register the initial Comprehensive 

20 Plan to restore and protect the nat21 ural resources, ecosystems, fisheries, 

22 marine habitats, and coastal wetland 

23 of the Gulf Coast ecosystem. 

24 ‘‘(II) COOPERATION WITH GULF

25 COAST RESTORATION TASK FORCE.— 


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1 The Council shall develop the initial 

2 Comprehensive Plan in close coordina3 tion with the President’s Gulf Coast 

4 Restoration Task Force. 

5 ‘‘(III) CONSIDERATIONS.—In de6 veloping the initial Comprehensive 

7 Plan, the Council shall consider any 

8 finding or report submitted by a cen9 ter of excellence participating in the 

10 Gulf Coast Ecosystem Restoration 

11 Science, Monitoring, and Technology 

12 Program established pursuant to sec13 tion 5(c) of the Resources and Eco14 systems Sustainability, Tourist Op15 portunities, and Revived Economies of 

16 the Gulf Coast States Act of 2011. 

17 ‘‘(IV) CONTENTS.—The initial 

18 Comprehensive Plan shall include— 

19 ‘‘(aa) such provisions as are 

20 necessary to fully incorporate in 

21 the Comprehensive Plan the 

22 strategy, projects, and programs 

23 recommended by the President’s 

24 Gulf Coast Restoration Task 

25 Force; 


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1 ‘‘(bb) a list of any project or 

2 program authorized prior to the 

3 date of enactment of this sub4 section but not yet commenced, 

5 the completion of which would 

6 further the purposes and goals of 

7 this subsection and of the Re8 sources and Ecosystems Sustain9 ability, Tourist Opportunities, 

10 and Revived Economies of the 

11 Gulf Coast States Act of 2011; 

12 ‘‘(cc) a description of the 

13 manner in which amounts from 

14 the Trust Fund projected to be 

15 made available to the Council for 

16 the succeeding 10 years will be 

17 allocated; and 

18 ‘‘(dd) a list of specific 

19 projects and programs to be 

20 funded and carried out during 

21 the 3-year period immediately 

22 following the date of publication 

23 of the initial Comprehensive 

24 Plan, including a table that illus25 trates the distribution of projects 


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1 and programs by Gulf Coast 

2 State. 

3 ‘‘(V) PLAN UPDATES.—The 

4 Council shall update— 

5 ‘‘(aa) the Comprehensive 

6 Plan every 5 years in a manner 

7 comparable to the manner estab8 lished in this subsection for each 

9 5-year period for which amounts 

10 are expected to be made available 

11 to the Gulf Coast States from the 

12 Trust Fund; and 

13 ‘‘(bb) the 3-year list of 

14 projects and programs described 

15 in subclause (IV)(dd) annually. 

16 ‘‘(iii) RESTORATION PRIORITIES.—Ex17 cept for projects and programs described 

18 in subclause (IV)(bb), in selecting projects 

19 and programs to include on the 3-year list 

20 described in subclause (IV)(dd), based on 

21 the best available science, the Council shall 

22 give highest priority to— 

23 ‘‘(I) projects that are projected 

24 to make the greatest contribution to 

25 restoring and protecting the natural 


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1 resources, ecosystems, fisheries, ma2 rine habitats, and coastal wetland of 

3 the Gulf Coast ecosystem, without re4 gard to geographic location; 

5 ‘‘(II) large-scale projects and 

6 programs that— 

7 ‘‘(aa) are not likely to be 

8 funded under other environ9 mental restoration and protection 

10 programs authorized in the Gulf 

11 Coast States; and 

12 ‘‘(bb) are projected to sub13 stantially contribute to restoring 

14 and protecting the natural re15 sources, ecosystems, fisheries, 

16 marine habitats, and coastal wet17 land of the Gulf Coast ecosystem; 

18 and 

19 ‘‘(III) existing Gulf Coast State 

20 comprehensive plans for the restora21 tion and protection of natural re22 sources, ecosystems, fisheries, marine 

23 habitats, and coastal wetland of the 

24 Gulf Coast ecosystem. 

25 ‘‘(E) IMPLEMENTATION.— 


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1 ‘‘(i) IN GENERAL.—The Council, act2 ing through the member agencies and Gulf 

3 Coast States, may carry out projects and 

4 programs adopted in the Comprehensive 

5 Plan. 

6 ‘‘(ii) ADMINISTRATIVE RESPONSI7 BILITY.— 

8 ‘‘(I) IN GENERAL.—Primary au9 thority and responsibility for each 

10 project and program included in the 

11 Comprehensive Plan shall be assigned 

12 by the Chairperson to an agency or a 

13 Gulf Coast State represented on the 

14 Council. 

15 ‘‘(II) TRANSFER OF AMOUNTS.— 

16 Amounts necessary to carry out each 

17 project or program included in the 

18 Comprehensive Plan shall be trans19 ferred by the Secretary of the Treas20 ury from the Trust Fund to that Fed21 eral agency or Gulf Coast State as the 

22 project or program is implemented, 

23 subject to such conditions as the Sec24 retary of the Treasury established 

25 pursuant to section 3 of the Resources 


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1 and Ecosystems Sustainability, Tour2 ist Opportunities, and Revived Econo3 mies of the Gulf Coast States Act of 

4 2011. 

5 ‘‘(iii) COST SHARING.— 

6 ‘‘(I) IN GENERAL.—A Gulf Coast 

7 State may use, in whole or in part, 

8 amounts made available to that Gulf 

9 Coast State from the Trust Fund to 

10 satisfy the non-Federal share of the 

11 cost of carrying a project or program 

12 that— 

13 ‘‘(aa) is authorized by other 

14 Federal law; and 

15 ‘‘(bb) meets the criteria of 

16 this paragraph. 

17 ‘‘(II) INCLUSION IN COMPREHEN18 SIVE PLAN.—A project or program de19 scribed in subclause (I) shall be se20 lected and adopted by the Council as 

21 part of the Comprehensive Plan in the 

22 manner described in this paragraph. 

23 ‘‘(F) COORDINATION.—The Council and 

24 the Federal members of the Council may de25 velop Memorandums of Understanding estabVerDate Mar 15 2010 00:35 Apr 19, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861

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1 lishing integrated funding and implementation 

2 plans among the member agencies and authori3 ties.’’. 

4 SEC. 5. GULF COAST ECOSYSTEM RESTORATION SCIENCE, 

5 MONITORING, AND TECHNOLOGY PROGRAM. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the National 

9 Oceanic and Atmospheric Administration. 

10 (2) PROGRAM.—The term ‘‘Program’’ means 

11 the Gulf Coast Ecosystem Restoration Science, Mon12 itoring, and Technology Program established by sub13 section (b). 

14 (b) ESTABLISHMENT.—There is established within 

15 the National Oceanic and Atmospheric Administration a 

16 program to be known as the ‘‘Gulf Coast Ecosystem Res17 toration Science, Monitoring, and Technology Program’’, 

18 to be carried out by the Administrator. 

19 (c) CENTERS OF EXCELLENCE.— 

20 (1) IN GENERAL.—In carrying out the Pro21 gram, the Administrator shall make grants in ac22 cordance with paragraph (2) to establish and oper23 ate 5 centers of excellence, 1 of which shall be lo24 cated in each of the States of Alabama, Florida, 

25 Louisiana, Mississippi, and Texas. 


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1 (2) GRANTS.— 

2 (A) IN GENERAL.—The Administrator 

3 shall use the amounts made available to carry 

4 out this section to award competitive grants to 

5 nongovernmental entities and consortia in the 

6 Gulf Coast region (including public and private 

7 institutions of higher education) for the estab8 lishment of centers of excellence as described in 

9 paragraph (1). 

10 (B) APPLICATION.—To be eligible to re11 ceive a grant under this paragraph, an entity or 

12 consortium described in subparagraph (A) shall 

13 submit to the Administrator an application at 

14 such time, in such manner, and containing such 

15 information as the Administrator determines to 

16 be appropriate. 

17 (C) PRIORITY.—In awarding grants under 

18 this paragraph, the Administrator shall give 

19 priority to entities and consortia that dem20 onstrate the ability to establish the broadest 

21 cross-section of participants with interest and 

22 expertise in any discipline described in para23 graph (3) on which the proposed curriculum of 

24 the center of excellence will be focused. 


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1 (3) DISCIPLINES.—Each center of excellence 

2 shall focus the curriculum of the center on science, 

3 technology, and monitoring in at least 1 of the fol4 lowing disciplines: 

5 (A) Coastal wetland restoration and pro6 tection. 

7 (B) Coastal and marine fisheries and wild8 life ecosystem research, monitoring, mapping, 

9 and recovery. 

10 (C) Offshore energy development, including 

11 research and technology to improve the safety 

12 in exploration and development of oil and gas 

13 resources. 

14 (D) Sustainable growth, economic, and 

15 commercial development. 

16 (E) Port, harbor, and waterway construc17 tion and maintenance. 

18 (4) COORDINATION WITH OTHER PROGRAMS.— 

19 The Administrator shall develop a plan for the co20 ordination of projects and activities between the Pro21 gram and other existing Federal and State science 

22 and technology programs in the States of Alabama, 

23 Florida, Louisiana, Mississippi, and Texas. 

24 (d) FUNDING.—Except as provided in subsection 

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1 trol Act (33 U.S.C. 1321), of the total amount made avail2 able for each fiscal year for the Gulf Coast Restoration 

3 Trust Fund established under section 3, 5 percent shall 

4 be allocated to the Program. 

Æ 


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